Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedChamber Summons dated 5th December 2021 (Judicial Review Reference under Rule 11, Advocates (Remuneration) Order 1962)· [2022] KEELRC 128 (KLR)

Republic v Communications Authority of Kenya Ex parte Information Communication Technology Association of Kenya (ICTAK) [2022] KEELRC 128 (KLR)

Employment and Labour Relations Court
27 April 2022
2,620 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

The Employment and Labour Relations Court refused to disturb a taxing master's Kshs.190,070 fee award because the advocate showed no error of principle.

What this practically means

#

Executive summary

#
This was a reference under Rule 11 of the Advocates (Remuneration) Order 1962 by the Ex Parte Applicant, Adrian Kamotho Njenga, challenging the Taxing Master's ruling of 2nd November 2021 on a Party and Party Bill of Costs. The Applicant sought setting aside of the taxation on items 1, 14, 15, 22, 23, 24, 26, 27 and 38, and directions for re-taxation, contending the award was extremely low, oppressive, and reflected an error of principle. He relied on the Premchand Raichand principles and on Republic v Nyeri County Government Exparte Central Kenya Coffee Mill Ltd, arguing the matter was judicial review litigation viciously contested, and that the ELRC, being of equal status with the High Court, should award comparable instruction fees of about Kshs.1,000,000. The Respondent opposed, arguing the reference was filed out of the 14-day window, that the Taxing Master duly considered submissions, that the matter was simple and speedily concluded, and that the court could not interfere unless the Taxing Master was clearly wrong, citing First American Bank v Shah. The court framed a single issue: whether the award was so low as to constitute an error in principle. It agreed the suit was simple, filed 23rd June 2020 and determined 9th April 2021 by written submissions and virtual attendances. It noted the Applicant only submitted on item 1 and never justified his claim of Kshs.6,987,000 instruction fees or Kshs.3,493,500 getting up fees. Finding no basis to interfere, the court dismissed the reference with costs to the Respondent, upholding the award of Kshs.190,070.

Key legal issues

#
01

Whether the Taxing Master's award was so low as to constitute an error in principle warranting interference

Holding

No. The court agreed the suit was simple, speedily concluded, and that no basis existed to disturb the taxation awarding Kshs.190,070.

Reasoning

The court reviewed the bill and the taxing ruling, noting the matter was filed on 23rd June 2020 and judgment delivered on 9th April 2021, disposed of by written submissions with only virtual mentions, directions and judgment due to COVID-19 protocols. The issue was straightforward. The Applicant also failed to submit on all objected items and did not justify his demand of Kshs.6,987,000 instruction fees or Kshs.3,493,500 getting up fees. No error in principle was demonstrated.

p. 3
02

Whether the Applicant discharged the burden of justifying the instruction fees claimed

Holding

No. The Applicant's submissions addressed only item 1 and provided no justification for the sums claimed.

Reasoning

The Respondent argued, and the court accepted, that although the Applicant objected to items 1, 14, 15, 22, 23, 24, 26, 27 and 38, submissions were made only on instruction fees. The court noted the Applicant made no attempt to justify the demand for Kshs.6,987,000 in instruction fees or Kshs.3,493,500 as getting up fees, and further noted the proceedings were public law proceedings between public bodies.

p. 4

Legal principles established

#
  • A court will not interfere with a Taxing Master's ruling merely because it holds a different view; it will interfere only where the Taxing Master is clearly wrong or erred in principle
  • A party seeking to demonstrate complexity of proceedings must demonstrate specific elements judged on the basis of recognition and treatment of those elements

Court orders

#
  1. 1.The reference is dismissed with costs
  2. 2.It is so ordered

Authorities

#

Legislation

  • Advocates (Remuneration) OrderRule 11
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure Act (Chapter 21, Laws of Kenya)Section 1B
  • Civil Procedure RulesOrder 21 Rule 1

Cases cited (9)

  • Premchand Raichand Ltd v Quarry Services of East Africa Ltd (No. 3)
    [1972] EA 162
  • Joreth Limited v Kigano & another
    [2002] E.A. 92
  • Republic v Nyeri County Government Exparte Central Kenya Coffee Mill Ltd
    [2017] eKLR
  • Republic v Kenya Revenue Authority ex parte Middle East Bank Kenya Ltd
    [2012] eKLR
  • First American Bank v Shah
    [2002] 1 EA 64
  • Republic v University of Nairobi & another Ex parte Nasibwa Wakenya Moses
    [2018] eKLR
  • Republic v Ministry of Agriculture & 2 Others Ex parte Muchiri W'Njuguna & 6 Others
    [2006] eKLR
  • Green Hills Investments Ltd v China National Complete Plant Export Corporation t/a Covec, Civil Case No. 572 of 2000
  • Estate of Ogilvie: Ogilvie v Massey
    (1910) P 243
Jurisdiction invoked
Rule 11 of the Advocates (Remuneration) Order 1962 - reference against decision of the Taxing Master

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Communications Authority of Kenya Ex parte Information Communication Technology Association of Kenya (ICTAK) [2022] KEELRC 128 (KLR)", Case Analysis (2022). Chamber Summons dated 5th December 2021 (Judicial Review Reference under Rule 11, Advocates (Remuneration) Order 1962). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/128/eng@2022-04-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.